Ferguson v. Arizona Dept. of Economic Sec.
| Decision Date | 30 March 1979 |
| Docket Number | CA-CIV,No. 2,2 |
| Parties | Hugh FERGUSON, Plaintiff-Appellant, v. ARIZONA DEPARTMENT OF ECONOMIC SECURITY, John L. Huerta, Director, Arizona Department of Economic Security, and the Tanner Companies (United Metro), Defendants-Appellees. 3060. |
| Court | Arizona Court of Appeals |
The issue here is whether an appeal tribunal of the Department of Economic Security was arbitrary and capricious when it found that appellant voluntarily quit his job without good cause.
The tribunal's findings of fact show that on April 28, 1977 appellant told his supervisor that he was looking for other employment. On May 5, 1977, his employer told him that a replacement had been found and his employment would be terminated on May 11. Instead of working until the termination date, on May 6 appellant submitted his resignation. He did not continue working until the discharge date because to do so would have been "demeaning" and "untenable". In his testimony before the tribunal appellant stated that it would have been embarrassing for him to continue working after he had been fired.
The appellate tribunal found that appellant left work in violation of Regulation No. R6-3-50135, Arizona Compilation of Rules and Regulations, and was therefore ineligible for benefits from May 1, 1977 until he becomes re-employed and earns $425. The trial court affirmed.
The purpose of the Employment Security Act, A.R.S. Secs. 23-601-799, is to allow compensation for a limited period to those who are capable of working and available for work and are involuntarily unemployed through no fault of their own. Vickers v. Western Electric Co., 86 Ariz. 7, 339 P.2d 1033 (1959); Beaman v. Safeway Stores, 78 Ariz. 195, 277 P.2d 1010 (1954); Sisk v. Arizona Ice & Cold Storage Co., 60 Ariz. 496, 141 P.2d 395 (1943).
A.R.S. Sec. 23-775 deals with an employee's disqualification from benefits. It states:
Regulation No. R6-3-50135, cited by the appeals tribunal as the basis for its decision, states:
"D. Leaving prior to effective date of discharge (V L 135.25)
1. Generally a worker would leave without good cause in connection with his work if he quits before the effective date of discharge even though he has been told that the duration of his employment is limited.
2. He would leave with good cause connected with the work if:
a. He can show that he would suffer substantial detriment by remaining at work until the date of discharge, or
b. He quits to accept a definite offer of work with another employer."
Appellant contends that the above regulation conflicts with the purpose and intent of the Employment Security Act...
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